Region: New England
Profession: Physician Assistant
Overview:
A PA assisting in a high-risk brain surgery was named in a malpractice lawsuit after the patient suffered a severe stroke. Through expert testimony and a detailed defense strategy, the PA was dismissed from the case before trial.
What Happened:
During a frontotemporal craniotomy for aneurysm clipping, a PA served as the first assist — responsible for patient positioning, suction, and retraction. The primary surgical decision-making remained with the neurosurgeon. Post-operatively, the patient developed a left-sided stroke with significant long-term neurological impairment.
The lawsuit named all parties involved in the care. Allegations against the PA included failure to protect anatomical structures and maintain a clear operative field. However, depositions revealed that the PA followed all instructions under the direct supervision of the lead surgeon and was not involved in any incisions or independent clinical decisions.
Key Legal & Clinical Issues:
- Alleged improper assistance during a neurosurgical procedure
- Clarification of chain of command and PA scope during surgery
- Postoperative complications unrelated to the PA’s tasks
Outcome:
A turning point came when the neurosurgeon testified that the PA did not independently perform any part of the surgery and was acting solely under his direction. This clarity led to a motion for summary judgment, and the PA was dismissed from the case — avoiding the cost and stress of trial.
Risk Management Takeaways:
- Clearly document defined roles during complex surgical cases
- Ensure supervising physicians understand and can articulate your scope
- Secure early expert support in high-acuity, high-liability cases
Estimated Savings:
Potential exposure in this case could have reached six figures due to lifelong care needs. The PA was dismissed without payment, saving an estimated $250,000–$500,000 in potential damages and legal costs.
Why Malpractice Coverage Matters:
CM&F clients are backed by MedPro Group — the nation’s strongest malpractice insurer.\
- 90% National Trial Win Rate
- 80% of Claims Closed Without Payment
- Defense costs covered, even in dismissed or frivolous claims
Disclaimer: Nothing contained in this article is intended as legal advice. Facts and details have been altered to protect privacy. For legal or medical guidance, consult your attorney or healthcare advisor.
